Title 10 — Armed Forces
Part I · Chapter 3 — General Powers and Functions
§ 129. Civilian personnel management
Statutory text
The civilian personnel of the Department of Defense shall be managed each fiscal year solely on the basis of and consistent with (1) the total force management policies and procedures established under section 129a of this title, (2) the workload required to carry out the functions and activities of the department, and (3) the funds made available to the department for such fiscal year. The management of such personnel in any fiscal year shall not be subject to any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees. The Secretary of Defense and the Secretaries of the military departments may not be required to make a reduction in the number of full-time equivalent positions in the Department of Defense except in accordance with the requirements of this section and section 129a of this title.
With respect to each budget activity within an appropriation for a fiscal year for operations and maintenance, the Secretary of Defense shall ensure that there are employed during that fiscal year employees in the number and with the combination of skills and qualifications that are necessary to carry out the functions within that budget activity as determined under the total force management policies and procedures established under section 129a of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Department of Defense Authorization Act, 1982
Pub. L. 97–86 title IX § 904(a) · 95 Stat. 1099
Enacted · 10 U.S.C. § 129
Added Pub. L. 97–86, title IX, § 904(a), Dec. 1, 1981, 95 Stat. 1114, § 140b
Source evidence
Code source credit
Added Pub. L. 97–86, title IX, § 904(a), Dec. 1, 1981, 95 Stat. 1114, § 140bEnacted provision · exact public law section
(a) Chapter 4 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§ 140b. Prohibition of certain civilian personnel management constraints “The civilian personnel of the Department of Defense shall be managed each fiscal year solely on the basis of and consistent with (1) the workload required to carry out the functions and activities of the department, (2) the funds made available to the department for such fiscal year, and (3) the authorized end strength for the civilian personnel of the department for such fiscal year. The management of such personnel in any fiscal year shall not be subject to any man-year constraint or limitation.”.Goldwater-Nichols Department of Defense Reorganization Act of 1986
Pub. L. 99–433 title I § 101(a)(3) · 100 Stat. 992
Changed · 10 U.S.C. § 129
Pub. L. 99–433 renumbered section 140b of this title as this section
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–433 renumbered section 140b of this title as this section.Enacted provision · exact public law section
(3) The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that column 10 USC 121 et seq. ) to the end of chapter 3 of such title and are redesignated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections of chapter 4: New sections of chapter 3 140 127 140a 128 140b 129 140c 130Department of Defense Authorization Act, 1987
Pub. L. 99–661 div. A title V § 533 · 100 Stat. 3816
Amended · 10 U.S.C. § 129
Pub. L. 99–661 designated existing provisions as subsec. (a)
Added · 10 U.S.C. § 129
Pub. L. 99–661 added subsecs. (b) and (c)
Source evidence
Code amendment note
Pub. L. 99–661 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).Enacted provision · exact public law section
SEC. 533. PROHIBITION ON CONTROLLING PERSONNEL NOT FUNDED BY GOVERNMENT Section 129 of title 10, United States Code (as redesignated by section 101(a) of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433)), is amended— Ante, p. 994. (1) by inserting “(a)” at the beginning of the text of such section; and (2) by adding at the end the following: “(b) The number of, and the amount of funds available to be paid to, indirectly funded Government employees of the Department of Defense may not be— “(1) subject to any constraint or limitation on the number of such personnel who may be employed on the last day of a fiscal year; “(2) managed on the basis of any end-strength; or “(3) controlled under any policy of the Secretary of a military department for control of civilian manpower resources. “(c) In this section, the term ‘indirectly funded Government employees’ means civilian employees of the Department of Defense— “(1) who are employed by industrial-type activities or commercial-type activities described in section 2208 of this title; and “(2) whose salaries and benefits are funded from sources other than appropriated funds.”.National Defense Authorization Act for Fiscal Years 1992 and 1993
Pub. L. 102–190 div. A title III § 312(b) · 105 Stat. 1290
Substituted · 10 U.S.C. § 129(a)
Pub. L. 102–190 substituted “department and (2)” for “department, (2)”
Struck · 10 U.S.C. § 129(a)
Pub. L. 102–190 struck out “, and (3) the authorized end strength for the civilian personnel of the department for such fiscal year” at end of first sentence
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–190 substituted “department and (2)” for “department, (2)” and struck out “, and (3) the authorized end strength for the civilian personnel of the department for such fiscal year” at end of first sentence.Enacted provision · exact public law section
(b) Conforming Amendment.— Section 129(a) of such title is amended— (1) by striking out “department, (2)” and inserting in lieu thereof “department and (2)”; and (2) by striking out “, and (3)” and all that follows through “fiscal year” in the first sentence.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 1031(1) · 110 Stat. 186
Substituted · 10 U.S.C. § 129(a)
Pub. L. 104–106, § 1031(1), substituted “constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees. The Secretary of Defense and the Secretaries of the military departments may not be required to make a reduction in the number of full-time equivalent positions in the Department of Defense unless such reduction is necessary due to a reduction in funds available to the Department or is required under a law that is enacted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996 and that refers specifically to this subsection.” for “man-year constraint or limitation.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–106, § 1031(1), substituted “constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees. The Secretary of Defense and the Secretaries of the military departments may not be required to make a reduction in the number of full-time equivalent positions in the Department of Defense unless such reduction is necessary due to a reduction in funds available to the Department or is required under a law that is enacted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996 and that refers specifically to this subsection.” for “man-year constraint or limitation.”Enacted provision · exact public law section
(1) in subsection (a)— (A) by striking out “man-year constraint or limitation” and inserting in lieu thereof “constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees”; and (B) by adding at the end the following new sentence: “The Secretary of Defense and the Secretaries of the military departments may not be required to make a reduction in the number of full-time equivalent positions in the Department of Defense unless such reduction is necessary due to a reduction in funds available to the Department or is required under a law that is enacted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996 and that refers specifically to this subsection.”;National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 1031(2) · 110 Stat. 186
Substituted · 10 U.S.C. § 129(b)(2)
Pub. L. 104–106, § 1031(2), substituted “any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees” for “any end-strength”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 104–106, § 1031(2), substituted “any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees” for “any end-strength”.Enacted provision · exact public law section
(2) in subsection (b)(2), by striking out “any end-strength” and inserting in lieu thereof “any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees”; andNational Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 § 1031(3) · 110 Stat. 186
Added · 10 U.S.C. § 129(d)
Pub. L. 104–106, § 1031(3), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–106, § 1031(3), added subsec. (d).Enacted provision · exact public law section
(3) by adding at the end the following new subsection: “(d) With respect to each budget activity within an appropriation for a fiscal year for operations and maintenance, the Secretary of Defense shall ensure that there are employed during that fiscal year employees in the number and with the combination of skills and qualifications that are necessary to carry out the functions within that budget activity for which funds are provided for that fiscal year.”.National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 1074(a)(1) · 110 Stat. 2422
Substituted · 10 U.S.C. § 129(a)
Pub. L. 104–201, § 1074(a)(1), substituted “February 10, 1996,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–201, § 1074(a)(1), substituted “February 10, 1996,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996”.Enacted provision · exact public law section
(1) Section 129(a) is amended by striking out “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996” and inserting in lieu thereof “February 10, 1996,”.National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 1603(1) · 110 Stat. 2422
Inserted · 10 U.S.C. § 129(c)(1)
Pub. L. 104–201, § 1603(1), inserted “, the Major Range and Test Facility Base,” after “industrial-type activities”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 104–201, § 1603(1), inserted “, the Major Range and Test Facility Base,” after “industrial-type activities”.Enacted provision · exact public law section
SEC. 1603. CLARIFICATION OF APPLICABILITY OF CERTAIN MANAGEMENT CONSTRAINTS ON MAJOR RANGE AND TEST FACILITY BASE STRUCTURE. Section 129 of title 10, United States Code, is amended— (1) in subsection (c)(1), by inserting “, the Major Range and Test Facility Base,” after “industrial-type activities”; and (2) by adding at the end the following: “(e) Subsections (a), (b), and (c) apply to the Major Range and Test Facility Base (MRTFB) at the installation level. With respect to the MRTFB structure, the term ‘funds made available’ includes both direct appropriated funds and funds provided by MRTFB customers.”.National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 1603(2) · 110 Stat. 2422
Added · 10 U.S.C. § 129(e)
Pub. L. 104–201, § 1603(2), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–201, § 1603(2), added subsec. (e).Enacted provision · exact public law section
SEC. 1603. CLARIFICATION OF APPLICABILITY OF CERTAIN MANAGEMENT CONSTRAINTS ON MAJOR RANGE AND TEST FACILITY BASE STRUCTURE. Section 129 of title 10, United States Code, is amended— (1) in subsection (c)(1), by inserting “, the Major Range and Test Facility Base,” after “industrial-type activities”; and (2) by adding at the end the following: “(e) Subsections (a), (b), and (c) apply to the Major Range and Test Facility Base (MRTFB) at the installation level. With respect to the MRTFB structure, the term ‘funds made available’ includes both direct appropriated funds and funds provided by MRTFB customers.”.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 div. A title XI § 1101 · 111 Stat. 1629
Added · 10 U.S.C. § 129(f)
Pub. L. 105–85 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 105–85 added subsec. (f).Enacted provision · exact public law section
SEC. 1101. USE OF PROHIBITED CONSTRAINTS TO MANAGE DEPARTMENT OF DEFENSE PERSONNEL. Section 129 of title 10, United States Code, is amended by adding at the end the following new subsection: “(f) (1) Not later than February 1 of each year, the Secretary of each military department and the head of each Defense Agency shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on the management of the civilian workforce under the jurisdiction of that official. “(2) Each report of an official under paragraph (1) shall contain the following: “(A) The official’s certification (i) that the civilian workforce under the jurisdiction of the official is not subject to any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees, and (ii) that, during the 12 months preceding the date on which the report is due, such workforce has not been subject to any such constraint or limitation. “(B) A description of how the civilian workforce is managed. “(C) A detailed description of the analytical tools used to determine civilian workforce requirements during the 12-month period referred to in subparagraph (A).”.Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512
Substituted · 10 U.S.C. § 129(f)(1)
Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.Enacted provision · exact public law section
(1) Title 10, United States Code.National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 932(1) · 125 Stat. 1298
Inserted · 10 U.S.C. § 129(a)
Pub. L. 112–81, § 932(1), inserted “the total force management policies and procedures established under section 129a of this title, (2)” after “(1)”
Substituted · 10 U.S.C. § 129(a)
Pub. L. 112–81, § 932(1), substituted “department, and (3)” for “department and (2)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 112–81, § 932(1), inserted “the total force management policies and procedures established under section 129a of this title, (2)” after “(1)” and substituted “department, and (3)” for “department and (2)”.Enacted provision · exact public law section
(1) in subsection (a)— (A) by inserting after “(1)” the following: “the total force management policies and procedures established under section 129a of this title, (2)”; and (B) by striking “department and (2)” and inserting “department, and (3)”;National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 932(2) · 125 Stat. 1298
Substituted · 10 U.S.C. § 129(d)
Pub. L. 112–81, § 932(2), substituted “within that budget activity as determined under the total force management policies and procedures established under section 129a of this title.” for “within that budget activity for which funds are provided for that fiscal year.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–81, § 932(2), substituted “within that budget activity as determined under the total force management policies and procedures established under section 129a of this title.” for “within that budget activity for which funds are provided for that fiscal year.”Enacted provision · exact public law section
(2) in subsection (d), by striking “within that budget activity for which funds are provided for that fiscal year.” and inserting “within that budget activity as determined under the total force management policies and procedures established under section 129a of this title.”; andNational Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 932(3) · 125 Stat. 1298
Struck · 10 U.S.C. § 129(e)
Pub. L. 112–81, § 932(3), struck out at end “With respect to the MRTFB structure, the term ‘funds made available’ includes both direct appropriated funds and funds provided by MRTFB customers.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 112–81, § 932(3), struck out at end “With respect to the MRTFB structure, the term ‘funds made available’ includes both direct appropriated funds and funds provided by MRTFB customers.”Enacted provision · exact public law section
(3) in subsection (e), by striking the sentence beginning with “With respect to”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 1101(b)(1) · 130 Stat. 2000
Amended · 10 U.S.C. § 129
Pub. L. 114–328, § 1101(b)(1), amended section catchline generally
Substituted · 10 U.S.C. § 129
Pub. L. 114–328, § 1101(b)(1), substituting “Civilian personnel management” for “Prohibition of certain civilian personnel management constraints”
Source evidence
Code amendment note
Pub. L. 114–328, § 1101(b)(1), amended section catchline generally, substituting “Civilian personnel management” for “Prohibition of certain civilian personnel management constraints”.Enacted provision · exact public law section
(1) Section heading.— The heading of such section is amended to read as follows: “§ 129. Civilian personnel management” .National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 1101(a)(1) · 130 Stat. 2000
Struck · 10 U.S.C. § 129(a)
Pub. L. 114–328, § 1101(a)(1), in first sentence, struck out “solely” before “on the basis”, in second sentence
Substituted · 10 U.S.C. § 129(a)
Pub. L. 114–328, § 1101(a)(1), in first sentence, substituted “Any” for “The management of such personnel in any fiscal year shall not be subject to any”
Inserted · 10 U.S.C. § 129(a)
Pub. L. 114–328, § 1101(a)(1), in first sentence, inserted “shall be developed on the basis of those factors and shall be subject to adjustment solely for reasons of changed circumstances” after “employees”, and in third sentence
Substituted · 10 U.S.C. § 129(a)
Pub. L. 114–328, § 1101(a)(1), in first sentence, substituted “except in accordance with the requirements of this section and section 129a of this title.” for “unless such reduction is necessary due to a reduction in funds available to the Department or is required under a law that is enacted after February 10, 1996, and that refers specifically to this subsection.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–328, § 1101(a)(1), in first sentence, struck out “solely” before “on the basis”, in second sentence, substituted “Any” for “The management of such personnel in any fiscal year shall not be subject to any” and inserted “shall be developed on the basis of those factors and shall be subject to adjustment solely for reasons of changed circumstances” after “employees”, and in third sentence, substituted “except in accordance with the requirements of this section and section 129a of this title.” for “unless such reduction is necessary due to a reduction in funds available to the Department or is required under a law that is enacted after February 10, 1996, and that refers specifically to this subsection.”Enacted provision · exact public law section
(1) in subsection (a)— (A) in the first sentence, by striking “solely”; (B) in the second sentence— (i) by striking “The management of such personnel in any fiscal year shall not be subject to any” and inserting “Any”; and (ii) by inserting before the period the following: “shall be developed on the basis of those factors and shall be subject to adjustment solely for reasons of changed circumstances”; and (C) in the third sentence, by striking “unless such reduction” and all that follows and inserting “except in accordance with the requirements of this section and section 129a of this title.”;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 1101(a)(2) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 129(b)
Pub. L. 114–328, § 1101(a)(2), (3), redesignated subsec. (d) as (b)
Struck · 10 U.S.C. § 129(b)
Pub. L. 114–328, § 1101(a)(2), (3), struck out former subsec. (b) which related to the number of, and the amount of funds available to be paid to, indirectly funded Government employees of the Department of Defense
Source evidence
Code amendment note
Subsec. (b). Pub. L. 114–328, § 1101(a)(2), (3), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to the number of, and the amount of funds available to be paid to, indirectly funded Government employees of the Department of Defense.Enacted provision · exact public law section
(2) by striking subsections (b), (c), (e), and (f);National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 1101(a)(2) · 130 Stat. 2000
Added · 10 U.S.C. § 129(c)
Pub. L. 114–328, § 1101(a)(2), (4), added subsec. (c)
Struck · 10 U.S.C. § 129(c)
Pub. L. 114–328, § 1101(a)(2), (4), struck out former subsec. (c) which defined the term “indirectly funded Government employees”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–328, § 1101(a)(2), (4), added subsec. (c) and struck out former subsec. (c) which defined the term “indirectly funded Government employees”.Enacted provision · exact public law section
(2) by striking subsections (b), (c), (e), and (f);National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 1101(a)(2) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 129(d)(f)
Pub. L. 114–328, § 1101(a)(2), (3), redesignated subsec. (d) as (b)
Struck · 10 U.S.C. § 129(d)(f)
Pub. L. 114–328, § 1101(a)(2), (3), struck out subsecs. (e) and (f) which read as follows:
Source evidence
Code amendment note
Subsecs. (d) to (f). Pub. L. 114–328, § 1101(a)(2), (3), redesignated subsec. (d) as (b) and struck out subsecs. (e) and (f) which read as follows:“(e) Subsections (a), (b), and (c) apply to the Major Range and Test Facility Base (MRTFB) at the installation level. “(f)(1) Not later than February 1 of each year, the Secretary of each military department and the head of each Defense Agency shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the management of the civilian workforce under the jurisdiction of that official. “(2) Each report of an official under paragraph (1) shall contain the following: “(A) The official’s certification (i) that the civilian workforce under the jurisdiction of the official is not subject to any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees, and (ii) that, during the 12 months preceding the date on which the report is due, such workforce has not been subject to any such constraint or limitation. “(B) A description of how the civilian workforce is managed. “(C) A detailed description of the analytical tools used to determine civilian workforce requirements during the 12-month period referred to in subparagraph (A).”
Enacted provision · exact public law section
(2) by striking subsections (b), (c), (e), and (f);National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 1103(1) · 133 Stat. 1198
Substituted · 10 U.S.C. § 129(a)
Pub. L. 116–92, § 1103(1), in first sentence, substituted “each fiscal year primarily” for “each fiscal year”, and in second sentence
Substituted · 10 U.S.C. § 129(a)
Pub. L. 116–92, § 1103(1), in first sentence, substituted “The management of such personnel in any fiscal year shall not be subject solely to any” for “Any”
Struck · 10 U.S.C. § 129(a)
Pub. L. 116–92, § 1103(1), in first sentence, struck out “shall be developed on the basis of those factors and shall be subject to adjustment solely for reasons of changed circumstances” after “number of employees”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–92, § 1103(1), in first sentence, substituted “each fiscal year primarily” for “each fiscal year”, and in second sentence, substituted “The management of such personnel in any fiscal year shall not be subject solely to any” for “Any” and struck out “shall be developed on the basis of those factors and shall be subject to adjustment solely for reasons of changed circumstances” after “number of employees”.Enacted provision · exact public law section
(1) in subsection (a)— (A) in the first sentence, by striking “each fiscal year” and inserting “each fiscal year primarily”; and (B) in the second sentence— (i) by striking “Any” and inserting “The management of such personnel in any fiscal year shall not be subject solely to any”; and (ii) by striking “shall be developed” and all that follows through “changed circumstances”; andNational Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 1103(2)(A) · 133 Stat. 1198
Inserted · 10 U.S.C. § 129(c)(2)(A)
Pub. L. 116–92, § 1103(2)(A), inserted “and associated cost” after “projected size”
Source evidence
Code amendment note
Subsec. (c)(2)(A). Pub. L. 116–92, § 1103(2)(A), inserted “and associated cost” after “projected size”.Enacted provision · exact public law section
(A) in each of subparagraphs (A) and (B), by inserting “and associated cost” after each instance of “projected size”; andNational Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 1103(2) · 133 Stat. 1198
Inserted · 10 U.S.C. § 129(c)(2)(B)
Pub. L. 116–92, § 1103(2), inserted “and associated cost” after “projected size” in two places
Substituted · 10 U.S.C. § 129(c)(2)(B)
Pub. L. 116–92, § 1103(2), substituted “to reduce the overall costs of the total force of military, civilian, and contract workforces.” for “that have been taken to identify offsetting reductions and avoid unnecessary overall growth in the size of the civilian workforce.”
Source evidence
Code amendment note
Subsec. (c)(2)(B). Pub. L. 116–92, § 1103(2), inserted “and associated cost” after “projected size” in two places and substituted “to reduce the overall costs of the total force of military, civilian, and contract workforces.” for “that have been taken to identify offsetting reductions and avoid unnecessary overall growth in the size of the civilian workforce.”Enacted provision · exact public law section
(2) in subsection (c)(2)— (A) in each of subparagraphs (A) and (B), by inserting “and associated cost” after each instance of “projected size”; and (B) in subparagraph (B), by striking “that have been taken” and all that follows through the period and inserting “to reduce the overall costs of the total force of military, civilian, and contract workforces.”.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 div. A title XI § 1102 · 135 Stat. 1541
Substituted · 10 U.S.C. § 129(a)
Pub. L. 117–81, in first sentence, substituted “solely” for “primarily” and, in second sentence
Struck · 10 U.S.C. § 129(a)
Pub. L. 117–81, in first sentence, struck out “solely” after “shall not be subject”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–81, in first sentence, substituted “solely” for “primarily” and, in second sentence, struck out “solely” after “shall not be subject”.Enacted provision · exact public law section
SEC. 1102. CIVILIAN PERSONNEL MANAGEMENT. Section 129(a) of title 10, United States Code, is amended— (1) in the first sentence, by striking “primarily” and inserting “solely”; and (2) in the second sentence, by striking “solely”.Pub. L. 119–60 § 422(b)(3) · 139 Stat. 850
Struck · 10 U.S.C. § 129(c)
Pub. L. 119–60, § 422(b)(3), struck out subsec. (c) which required the Secretary of Defense to submit to the congressional defense committees a report on the management of the civilian workforce of the Office of the Secretary of Defense and the Defense Agencies and Field Activities and the Secretary of each military department to submit to the congressional defense committees a report on the management of the civilian workforces under the jurisdiction of such Secretary. See section 115a(d) of this title
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c). Pub. L. 119–60, § 422(b)(3), struck out subsec. (c) which required the Secretary of Defense to submit to the congressional defense committees a report on the management of the civilian workforce of the Office of the Secretary of Defense and the Defense Agencies and Field Activities and the Secretary of each military department to submit to the congressional defense committees a report on the management of the civilian workforces under the jurisdiction of such Secretary. See section 115a(d) of this title.Pub. L. 119–60 § 422(b)(2) · 139 Stat. 850
Substituted · 10 U.S.C. § 129(c)(2)
Pub. L. 119–60, § 422(b)(2), in introductory provisions, substituted “The matter to be included in each discussion under paragraph (1)” for “Each report under paragraph (1) shall contain”
Substituted · 10 U.S.C. § 129(c)(2)
Pub. L. 119–60, § 422(b)(2), in introductory provisions, substituted “of each element of the Department of Defense named in such paragraph, is” for “under the jurisdiction of the official submitting the report,”
Redesignated · 10 U.S.C. § 129(c)(2)
Pub. L. 119–60, § 422(b)(2), in introductory provisions, redesignated par. (2) as section 115a(d)(2) of this title
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 119–60, § 422(b)(2), in introductory provisions, substituted “The matter to be included in each discussion under paragraph (1)” for “Each report under paragraph (1) shall contain” and “of each element of the Department of Defense named in such paragraph, is” for “under the jurisdiction of the official submitting the report,” and redesignated par. (2) as section 115a(d)(2) of this title.
38 of 42 references resolved to an enrolled provision · 4 unresolved
Editorial Notes
Amendments1986–2025 · 10 rounds
2025
Subsec. (c). Pub. L. 119–60, § 422(b)(3), struck out subsec. (c) which required the Secretary of Defense to submit to the congressional defense committees a report on the management of the civilian workforce of the Office of the Secretary of Defense and the Defense Agencies and Field Activities and the Secretary of each military department to submit to the congressional defense committees a report on the management of the civilian workforces under the jurisdiction of such Secretary. See section 115a(d) of this title.
Subsec. (c)(2). Pub. L. 119–60, § 422(b)(2), in introductory provisions, substituted “The matter to be included in each discussion under paragraph (1)” for “Each report under paragraph (1) shall contain” and “of each element of the Department of Defense named in such paragraph, is” for “under the jurisdiction of the official submitting the report,” and redesignated par. (2) as section 115a(d)(2) of this title.
2021
Subsec. (a). Pub. L. 117–81, in first sentence, substituted “solely” for “primarily” and, in second sentence, struck out “solely” after “shall not be subject”.
2019
Subsec. (a). Pub. L. 116–92, § 1103(1), in first sentence, substituted “each fiscal year primarily” for “each fiscal year”, and in second sentence, substituted “The management of such personnel in any fiscal year shall not be subject solely to any” for “Any” and struck out “shall be developed on the basis of those factors and shall be subject to adjustment solely for reasons of changed circumstances” after “number of employees”.
Subsec. (c)(2)(A). Pub. L. 116–92, § 1103(2)(A), inserted “and associated cost” after “projected size”.
Subsec. (c)(2)(B). Pub. L. 116–92, § 1103(2), inserted “and associated cost” after “projected size” in two places and substituted “to reduce the overall costs of the total force of military, civilian, and contract workforces.” for “that have been taken to identify offsetting reductions and avoid unnecessary overall growth in the size of the civilian workforce.”
2016
Pub. L. 114–328, § 1101(b)(1), amended section catchline generally, substituting “Civilian personnel management” for “Prohibition of certain civilian personnel management constraints”.
Subsec. (a). Pub. L. 114–328, § 1101(a)(1), in first sentence, struck out “solely” before “on the basis”, in second sentence, substituted “Any” for “The management of such personnel in any fiscal year shall not be subject to any” and inserted “shall be developed on the basis of those factors and shall be subject to adjustment solely for reasons of changed circumstances” after “employees”, and in third sentence, substituted “except in accordance with the requirements of this section and section 129a of this title.” for “unless such reduction is necessary due to a reduction in funds available to the Department or is required under a law that is enacted after , and that refers specifically to this subsection.”
Subsec. (b). Pub. L. 114–328, § 1101(a)(2), (3), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to the number of, and the amount of funds available to be paid to, indirectly funded Government employees of the Department of Defense.
Subsec. (c). Pub. L. 114–328, § 1101(a)(2), (4), added subsec. (c) and struck out former subsec. (c) which defined the term “indirectly funded Government employees”.
Subsecs. (d) to (f). Pub. L. 114–328, § 1101(a)(2), (3), redesignated subsec. (d) as (b) and struck out subsecs. (e) and (f) which read as follows:
“(e) Subsections (a), (b), and (c) apply to the Major Range and Test Facility Base (MRTFB) at the installation level.
“(f)(1) Not later than February 1 of each year, the Secretary of each military department and the head of each Defense Agency shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the management of the civilian workforce under the jurisdiction of that official.
“(2) Each report of an official under paragraph (1) shall contain the following:
“(A) The official’s certification (i) that the civilian workforce under the jurisdiction of the official is not subject to any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees, and (ii) that, during the 12 months preceding the date on which the report is due, such workforce has not been subject to any such constraint or limitation.
“(B) A description of how the civilian workforce is managed.
“(C) A detailed description of the analytical tools used to determine civilian workforce requirements during the 12-month period referred to in subparagraph (A).”
2011
Subsec. (a). Pub. L. 112–81, § 932(1), inserted “the total force management policies and procedures established under section 129a of this title, (2)” after “(1)” and substituted “department, and (3)” for “department and (2)”.
Subsec. (d). Pub. L. 112–81, § 932(2), substituted “within that budget activity as determined under the total force management policies and procedures established under section 129a of this title.” for “within that budget activity for which funds are provided for that fiscal year.”
Subsec. (e). Pub. L. 112–81, § 932(3), struck out at end “With respect to the MRTFB structure, the term ‘funds made available’ includes both direct appropriated funds and funds provided by MRTFB customers.”
1999
Subsec. (f)(1). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
1997
Subsec. (f). Pub. L. 105–85 added subsec. (f).
1996
Subsec. (a). Pub. L. 104–201, § 1074(a)(1), substituted “,” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996”.
Pub. L. 104–106, § 1031(1), substituted “constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees. The Secretary of Defense and the Secretaries of the military departments may not be required to make a reduction in the number of full-time equivalent positions in the Department of Defense unless such reduction is necessary due to a reduction in funds available to the Department or is required under a law that is enacted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996 and that refers specifically to this subsection.” for “man-year constraint or limitation.”
Subsec. (b)(2). Pub. L. 104–106, § 1031(2), substituted “any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees” for “any end-strength”.
Subsec. (c)(1). Pub. L. 104–201, § 1603(1), inserted “, the Major Range and Test Facility Base,” after “industrial-type activities”.
Subsec. (d). Pub. L. 104–106, § 1031(3), added subsec. (d).
Subsec. (e). Pub. L. 104–201, § 1603(2), added subsec. (e).
1991
Subsec. (a). Pub. L. 102–190 substituted “department and (2)” for “department, (2)” and struck out “, and (3) the authorized end strength for the civilian personnel of the department for such fiscal year” at end of first sentence.
1986
Pub. L. 99–661 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Pub. L. 99–433 renumbered section 140b of this title as this section.
Credits
1981–2025 · 13 acts
- 1981Added Pub. L. 97–86, title IX, § 904(a), , 95 Stat. 1114, § 140b
- 1986renumbered § 129, Pub. L. 99–433, title I, § 101(a)(3), , 100 Stat. 994
- 1986amended Pub. L. 99–661, div. A, title V, § 533, , 100 Stat. 3873
- 1991Pub. L. 102–190, div. A, title III, § 312(b), , 105 Stat. 1335
- 1996Pub. L. 104–106, div. A, title X, § 1031, , 110 Stat. 428
- 1996Pub. L. 104–201, div. A, title X, § 1074(a)(1), title XVI, § 1603, , 110 Stat. 2658, 2735
- 1997Pub. L. 105–85, div. A, title XI, § 1101, , 111 Stat. 1922
- 1999Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774
- 2011Pub. L. 112–81, div. A, title IX, § 932, , 125 Stat. 1543
- 2016Pub. L. 114–328, div. A, title XI, § 1101(a), (b)(1), , 130 Stat. 2443
- 2019Pub. L. 116–92, div. A, title XI, § 1103, , 133 Stat. 1596
- 2021Pub. L. 117–81, div. A, title XI, § 1102, , 135 Stat. 1949
- 2025Pub. L. 119–60, div. A, title IV, § 422(b)(2), (3), , 139 Stat. 850, 851.
Show as published
(Added Pub. L. 97–86, title IX, § 904(a), , 95 Stat. 1114, § 140b; renumbered § 129, Pub. L. 99–433, title I, § 101(a)(3), , 100 Stat. 994; amended Pub. L. 99–661, div. A, title V, § 533, , 100 Stat. 3873; Pub. L. 102–190, div. A, title III, § 312(b), , 105 Stat. 1335; Pub. L. 104–106, div. A, title X, § 1031, , 110 Stat. 428; Pub. L. 104–201, div. A, title X, § 1074(a)(1), title XVI, § 1603, , 110 Stat. 2658, 2735; Pub. L. 105–85, div. A, title XI, § 1101, , 111 Stat. 1922; Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774; Pub. L. 112–81, div. A, title IX, § 932, , 125 Stat. 1543; Pub. L. 114–328, div. A, title XI, § 1101(a), (b)(1), , 130 Stat. 2443; Pub. L. 116–92, div. A, title XI, § 1103, , 133 Stat. 1596; Pub. L. 117–81, div. A, title XI, § 1102, , 135 Stat. 1949; Pub. L. 119–60, div. A, title IV, § 422(b)(2), (3), , 139 Stat. 850, 851.)